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DELL PUBLISHING COMPANY v. DAY

United States Court of Appeals, District of Columbia Circuit.
May 31, 1962
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PER CURIAM.

For the reasons stated by the District Judge, Dell Publishing Co. v. Summerfield, D.D.C., 198 F. Supp. 843, the Postmaster's action in revoking appellant's second-class mail permit was not "clearly wrong." Bates Guild Co. v. Payne, 194 U.S. 106, 109, 24 S.Ct. 595, 48 L.Ed. 894; United States v. Shimer, 367 U.S. 374, 381-382, 81 S.Ct. 1554, 6 L.Ed.2d 908. See also, United States v. Drum, 368 U.S. 370, 376, 82 S.Ct. 408, 7 L.Ed.2d 360. Based on a reasonable interpretation of the controlling statute, his action was neither "arbitrary, capricious," nor "an abuse of discretion." Administrative Procedure Act, § 10(e), 5 U.S.C. § 1009 (e). The judgment of the District Court, sustaining the Postmaster's decision, is accordingly

Affirmed.